Complex trauma and workplace bullying claims tested against business accommodation limits
The Fair Work Commission (FWC) recently dismissed an unfair dismissal application from a sales worker who was terminated due to medical incapacity following a 15-month absence from work.
The case arose when the employee, who worked from home and experienced severe domestic violence, was unable to return to work due to complex post-traumatic stress disorder and generalised anxiety disorder stemming from prolonged trauma and workplace bullying.
The worker argued she was unfairly dismissed after being forgotten by the employer and excluded from reintegration planning, maintaining that her psychological injuries were partially work-related and deserving of workers' compensation protection.
She contended that the dismissal was premature, given her willingness to cooperate and explore support options through appropriate channels.
The employer contested the unfair dismissal claim, arguing the worker's extended incapacity and medical evidence indicating no prospect of return in the short-to-medium term provided valid grounds for termination.
The employment relationship involved a business advisor performing sales work from home who had endured shocking domestic violence since 2008, including multiple attempts on her life recorded on internal home security cameras.
The worker's personal circumstances significantly impacted her work...
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